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    Cover of ASA's December 2014 Endangered Duner newsletter
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Repaving is planned for Gecko, Keyhole, Roadrunner & Buttercup Keyhole campgrounds. Done in phases. $7.5M project funded by Fed Hwy.

ASA Action Alert

SENATE COMPANION LEGISLATION INTRODUCED TO ENSURE APPROPRIATE SAFETY STANDARDS FOR SIDE-BY-SIDES

Back in February we asked you to encourage your representatives to co-sponsor H.R. 999. Your efforts have paid off in the House as we are now closing in on 50 Co-Sponsors! Now we are asking you to do the same for a sister bill that has been introduced in the Senate. "This is part of our ongoing efforts to postpone the Consumer Product Safety Commission's mandatory product standards on Recreational Off-Highway Vehicles that could make them unsafe in our riding environment," stated ASA Executive Director Nicole Nicholas Gilles. "This bill will require leading experts in the field to weigh in on this important issue."

Senators Dean Heller (R-NV) and Joe Manchin (D-WV) have introduced bipartisan companion legislation to H.R. 999 that would require the National Academy of Sciences to conduct a study about the appropriateness of the Consumer Product Safety Commission (CPSC) moving forward with its mandatory product standards for recreational off-highway vehicles (ROV's or side-by-sides). Specifically, this study would determine the technical validity of CPSC's proposed lateral stability and vehicle handling requirements; the number of ROV rollovers that would be prevented if the rule were adopted; whether there is a technical basis for the proposal to provide information on a vehicle's rollover resistance on a progressive scale; and the effects on the utility of ROVs used by the U.S. military if the rule were adopted.

Please send an email urging your Senators to co-sponsor this common-sense legislation which will simply ensure that there is an adequate study of the impacts of CPSC's proposed rule before it's too late!

We are once again partnering with our friends at ARRA (Americans for Responsible Recreational Access) who makes it easy for you to contact your elected officials. Your action today can help get the ball rolling in the Senate!

For more information about the bill please click here.

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Signs at entrance to Oceano SVRA

Court rules against Oceano SVRA dust rule

After three years of litigation challenging the Oceano Dunes “dust rule,” the 2nd Appellate Court in Ventura ruled Monday that the San Luis Obispo County Air Pollution Control District (APCD) does not have the power to regulate air emissions at state parks through the permit process.

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Encourage Your Representative to Co-Sponsor H.R. 999

OHV Leaders traveled to our nation's Capital last month to testify in front of the Consumer Product Safety Commission (CPSC) regarding Recreational Off-Highway Vehicles (ROV) also known as side by sides. Nicole Nicholas Gilles the Executive Director of the American Sand Association and Charla Teeters-Stewart the Executive Director of the United Desert Gateway presented their oral comments before the five Presidentially appointed Commissioners on January 7th.  The issue at hand concerns the notice of proposed rulemaking (NPR) the Commission issued supporting a standard that claims to reduce risk of injury associated with ROVs and make them operate more like on-highway vehicles. 

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Flat-Tailed Horned Lizard. US Fish & Wildlife Service photo.Environmental Group Petitions to have Lizard Listed as Endangered Species and Files Notice of Intent to Sue for 16 Other Species in California

The Center for Biological Diversity (CBD) has filed a petition for protective status of the Flat-Tailed Horned Lizard through the Endangered Species Act (ESA). The California Fish and Game Commission is now considering their petition. After several failed attempts to get the lizard listed as protected through the Federal Government the CBD is now trying to get the species listed through the State.

Additionally, the CBD has recently filed their intent to sue the US Fish and Wildlife Service for failing to decide if 16 species in California warrant consideration of the ESA. Once a petition is filed, the FWS has 90 days to respond which they neglected to do. Among the 16 species listed in their Intent to Sue is the Colorado Desert Fringe-Toed Lizard, another species found in the dunes and desert areas where many people recreate.

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Rev.11/24/14

SUMMARY

The Imperial Sand Dune Recreations Area (ISDRA) is a victim of abuse of the Endangered Species Act (ESA) where 49,300 acres were temporarily closed as part of a March 2000 lawsuit settlement pending a Recreation Area Management Plan (RAMP). The plan and its components were challenged several times by the anti-access groups and it took approximately 14 years for the new plan to be implemented.

In 2014 the new plan re-opened the 49,300 acres. However, the Bureau of Land Management(BLM) wanted a plan that would withstand further legal challenges and so closed approximately 9,000 acres of land deemed critical habitat (CH) that were open before the initial lawsuit. This closure included the Patton Valley Travel Corridor (PVTC): a section of dunes that heretofore had never been closed.

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